2 June 2004 · Planning Committee on review
Ballajora Cottage, Dreemskerry Road, Ballajora, Ramsey, Isle Of Man, IM7 1bl
The proposal sought to change an existing holiday let unit, previously converted from farm stables under PA 98/1333, to permanent residential use for the applicant's parents. The two-storey cottage is sited just 3 feet from neighbouring 'Old Serenity', sharing a cesspit with Ballajora Farm and another holiday unit.
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Officer initially recommended refusal, noting the site's overcrowding, close proximity (3 feet) to 'Old Serenity', and difference between intermittent tourist use and permanent residential occupation …
Approved use limited to specific unit
This approval relates to the use of the existing tourist accommodation in the stables (referred to as Ballajora Cottage in the application), as a residential living accommodation.
Ancillary to main dwelling
The new accommodation may be used only as such ancillary to the enjoyment of the main dwelling as such.
No structures without permission
Once the new use is taken up, no garage, garden shed, greenhouse, wall, fence or other structure may be erected without the prior permission of the Planning Committee.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
no views, no adverse traffic impacts
advise owner to consult fire service as means of escape appears inherently unsafe; no requirement to appear at review
Multiple objections from Maughold Parish Commissioners and neighbouring residents to the change of use from holiday accommodation to residential, citing sewage capacity, access issues, proximity to neighbours, and need for tourist accommodation; Highways Division has no objection, Fire Service notes unsafe escape means.
Key concern: Inadequate shared cesspit/sewage system for full-time residential use
Maughold Parish Commissioners
ObjectionCommissioners wish the property to stay registered for Tourist accommodation, which Maughold is short of and also the entire north of the Island needs.; This property is too close to the property next door and we feel this will cause too much disturbance being lived in all year round.; The Commissioners are not convinced that the disposal of sewage and concerns about access have been considered properly.
Isle of Man Fire And Rescue Service
Conditional No ObjectionAdvise the owner to consult with the fire and rescue service as the means of escape in the case of fire appears to be inherently unsafe.; I do not require to appear at the review hearing provided that the previously submitted written observations made on my behalf are taken into consideration
Conditions requested: Advise the owner to consult with the fire and rescue service
Highways Division, Department of Transport
No ObjectionThe Highways Division of the Department of Transport has no views on the following application, the application having been considered and having no adverse traffic impacts.
The original application (04/00700/C) for change of use of existing holiday accommodation to a residential unit was initially refused by the Planning Committee on 27 May 2004, then approved on review on 16 July 2004 with conditions including ancillary use to the main dwelling and removal of permitted development rights. The neighbour (Mr M Davies of Old Serenity) appealed this approval, citing proximity (3 feet), drainage issues, privacy, precedent, and other concerns. The applicant argued the site is in a residential area with mature boundaries providing screening, no direct overlooking, and acceptance of conditions. The inspector found little difference between tourist and permanent residential use given the existing permission lacked occupancy limits, noted potential for permanent residents to be more considerate, and concluded conditions would mitigate impacts, recommending dismissal of the appeal.
Precedent Value
This appeal shows inspectors prioritise existing permissions' implications (e.g., no occupancy limits on tourist use) and conditions to mitigate amenity impacts over neighbour amenity fears alone. Applicants should highlight screening and accept restrictive conditions; objectors need robust evidence of material harm.
Inspector: David G Hollis
